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If you have issues viewing or accessing this file contact us at NCJRS.gov. National Criminal Justice Reference Service i ";0; nCJrs This microfiche was produced from documents received for inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. r;, ;,' "'. { f: t !~ 1 '1, ~ f'~ :1 1- i C :; 11111'2·8 /////2.5 \ i:- 1.0 W [[[[[~~ w 2.2 W ,~~ I Il.I J:i J:. I~ .0 ... u I 1.1 &:.11.:1,1..;. --- ,!~ 125 11111 . 111111.4 . [11111.6 MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A u.~. Department of Just/ce Nahoililllnstitute of Justice This document has been re rodu or organization ,as received lrom the pers~n Origin~tin g .~e~ ~xact/y m this document are those o1 t I, omts 01 view or opinions stated Microfilming procedures used to create this fiche comply with represent the official position 0 he I?~thors and do not necessarily the standards set forth in 41CFR 101-11.504. Justice, r po IC es of the National Institute of Permission to reproduce this' , granted by ~d matenal has been Points of view or opinions stated in this document are Ch j Af ,lusti ce _ Pan 1 \T H C 1 r ---~ -- uOdges those of the author(s) and do not represent the official o orado ,Ind j cia J Dept. 7 _ position or policies of the U. S. Department of Justice. to the National Criminal Justice Reference Service (NCJRS), ,. Further reprodUction out 'd 1 sion of the ~ own~r. e 0 the NCJRS system requires permis. 5-13-82 National Institute of Justice United States Department of JusticlB Washington, D. C. 20531 , " (; .... ".s." ",~ . .......--"_........ i....i.._ ...... __ ............ __________ --o:..-'- _____~__'_'_'__~~_~ ____~~~~~ __________ _ <._-_._. --~=--~------ ~u,r.e~ <!Inurt nf (flilinrahn STATE .JUDICIAL BUILDING DENVER, COLORADO 80203 PAUL V. HODGES JUSTICE January 9, 1981 JUSTICES OF THE SUPREME COURT DURING THE PERIOD COVERED BY THIS REPORT Honorable Richard D. Lamm Governor of the State of Colorado Honorable Paul Powers Senate JUdiciary Committee Honorable Paul V. Hodges, Chief Justice Honorable Kathy Spelts House Judiciary Committee IHonorable James K. Groves 2Honorable Donald E. Kelley Transmitted herewith is the Sixth Address of the Chief Justice, prepared and submitted purs~ant to 13-3-102(3), 3Honorable Edward E. Pringle Colorado Revised Statutes 1973, and as presented to the Colorado General Assembly on January 9, 1981. This report Honorable Robert B. Lee covers the work of the 'Colorado Supreme Court in fiscal year 1979-1980, including cases and other matters before Ho"norable William H. Erickson the court. 4Honorable Jim R. Carrigan Other matters of importance covered herein include: activities of the Colorado Court of Appeals; work of Honorable Luis D. Rovira district and county courts; Judicial Planning Council; training of judges and court staffs; fiscal management and Honorable Jean E. Dubofsky budgets; case processing; public information; judicial performance evaluation; innovative and progressive acti Honorable George E. Lohr vities; other subjects of concern to the judicial system and the administration thereof. Honorable Joseph R. Quinn ~ectfullY submitted, 1. Deceased April 6, 1980 ~~o~e: V\.\)~ 2. Retired January 31, 1979 Chief Justice' 3. Retired July 10, 1979 ~~ii::JRS 4. Resigned October 10, 1979 ,to become U.S. District Judge " PVH/jc ;.\CQUHSrrIONS " .. , . THE STATE OF THE COLORADO JUDICIARY 1981 BY THE HONORABLE PAUL V. HODGES PRESENTED TO THE GENERAL ASSEMBLY JANUARY 9} 1981 PRESIDENT OF THE SENATE FRED ANDERSON} MR. SPEAKER} LADIES AND GENTLEMEN OF THE 53RD GENERAL ASSEMBLY: IT IS INDEED AN .HONOR AND PRIVILEGE TO APPEAR BEFORE YOU TODAY FOR MY SECOND BIENNIAL REPORT ON THE STATE OF THE JUDICIARY. I WANT TO WARMLY GREET MY FRIENDS OF MANY YEARS STANDING} THE MEMBERS WITH WHOM I HAVE BECOME ACQUAINTED THE PAST TWO YEARS AND THE MORE THAN 20 NEW MEMBERS} MANY OF WHOM I HAVE NOT MET. HOWEVER} I AM LOOKING FORWARD TO RENEWING ACQUAINTANCES AND MAKING NEW ONES} TO ENHANCE THE HIGH DEGREE ! i '- OF COMMUNICATION BETWEEN OUR TWO BRANCHES OF GOVERNMENT. f f. ! ¥ ! ,\ - I WANT TO PAY MY RESPECTS TO THE NEW SPEAKER OF THE I " , HOUSE} BEV BLEDSOE} WITH WHOSE BROTHER BILL I HAD THE PLEASURE I " 'I i " I OF SERVING DURING MY TENURE IN THE HOUSE IN THE 1950'S. IT IS I ..... _' SIGNIFICANT TO NOTE THAT TWO GENTLEMEN WHO HEADED THE RESPECTIVE .<t '.' • '0- ./ , '" , , JUDICIARY COMMITTEES IN THE LAST ASSEMBLY ARE NOW YOUR MAJORITY , , I . I , " LEADERS ~ SENATOR RALPH COLE AND REPRESENTATIVE RON STRAHLE. " , , . ',1 .:. ' YOUR MINORITY LEADERS ARE ALSO INVOLVED IN OUR ACTIVITIES: ... '. - t - ~. .-:" ", , , SENATOR REGIS GROFF} SERVES ON THE JUDICIAL PLANNING COUNCIL , , " .. ' '1 WHICH I APPOINT} AND REPRESENTATIVE FEDERICO, PENA HAS BEEN /' J '" ..,,;;.;,. ·.1/ ... , ", r .,;, < " '" "-;- ' .. ~' .. ". <, , . .' ,~.' C l J .~ ,. .. .. - , ' : . ,• " , . ,~ .I , '. ' , , . \,. • '" r, .- e" ." ~-~ - --~ ---....,......,.------------------ , -----,---- ....--........----,.."......-- ... '~ ACTIVE ON THE COMMITTEE ON COur~SEL FOR INDIGENT PERSONS. WE SIG:HFI~AinLY GROW" AI~D TERi'lIl~ATIONS \~ILL INCREASE. DEEPLY APPRECIATE AND VALUE HIGHLY THE SERVICES THESE f1EMBERS HAVE GI\tEf~ TO OUR COURT SYSTE~l. I DO WISH TO RECOGNIZE THE OUTSTANDING ~EADERSHIP OF CHIEF JUDGE PETE SILVERSTEIlL OF THE COLORADO COURT OF APPEALS. A DEVELOPMENT WHICH HAS BEEN HIGHLY BENEFltIAL TO FROf.11970 UNTIL ,JANUARY 198u" .WHEN HE RETIRED" JUDGE SILVERSTEIN ALL 9F US HAS BEEN THE FEELING OF COOPERATION AND ABILITY TO , COim.UCTED THE AFFAIRS OF THE COURT WITH GREAT COf.1PETENCE AND ,1 COf.1f.1UNICATE FREELY ON f'lATTERS OF r1UTUAL CONCERN. I HAVE STATED WISDOH. SINCE JANUARY 1980 CHIEF JUDGE DAVE HJOCH HAS REPEATEDLY THAT MY DOOR IS AL\~AYS OPEi~ TO YOU" AND AT ANY TIME COinIiWED TO ABLY ADrvlINISTER THE COLORADO COURT OF APPEALS. WE CAN GIVE INFORNATION OR DATA THAT WILL ASSIST YOU IN FORM ULATING LEGISLATIVE POLICY OR DRAFTING BILLS" PLEASE CALL UPON NOTWITHSTANDING THE CONCERTED EFFORTS OF THE JUDGES US. THE STATE COURT AmU~ISTRATOR AND HIS STAFF HAVE BEEN OF THE COURT OF APPEALS" THE NurllBER OF PENDING CASES HAS AGAH~ DIRECTED TO WORK CLOSELY WITH EVERY ONE OF YOU AT ALL TH1ES. INCREASED. THE COURT OF APPEALS DISPOSED OF 1,,166 CASES IN A REPRESENTATIVE OF HIS STAFF IS AVAILABLE TOr,1EET WITH YOU AT THE LAST FISCAL YEAR" WHICH REPRESENTS THE HIGHEST NUf1BER OF ANY TIME TO DISCUSS PENDING LEGIS~ATION ANn. ASSIST YOU IN ANY WAY THE HISTORY OF THE COURT. POSSIBLE. TERI'IIHATIOI~S II~ HOWEVER; THE COURT OF APPEALS HAD 1,,139 PENDING CASES' VERY BRIEFLY I \~OULD LIKE TO REVIEW SO~1E OF OUR AT THE CLOSE OF THE PREVIOUS FISCAL YEAR WHICH REPRESENTS A ACCOMPLISHMENTS AND PROBLEMS WITH YOU. DURING THE PAST TWO / 92.4% INCREASE IW PENDI~G CASES SINCE FY 74-75. AN ONGOING YEARS" FILINGS IN THE SUPRH1E COURT HAVE REACHED A NEW PLATEAU" ANALYSIS IS BEH~G ~IADF TO DETERMHJE THE FUTURE NEEDS OF THE JUST SHORT OF liOOO PER YEAR. ALT~OUGH TERHINATIONS HAVE COl.ORADO COURT OF APPEALS. INCREASED STEADILY Aim SUBSTANTIALLY DURIi~G THE LAST FIVE YEARS" THE NUMBER OF PENDING CASES MAY BE ATTRIBUTED TO THE LAST YEAR' S DRA~~ATIC I1KREASE IN TRIAL COURT WORKLOAD GREATER Corl1PLEXITY OF ISSUES FACING THE COURT~ AND THE LOSS OF SEEMS TO BE CONTINUING THIS FISCAL YEAR. DURING FY 1979-1980" JUDGE~TIME ASSOCIATED WITH THE FOUR CHANGES IN THE (OMPOSITION THE: DISTRICT COURTS INCREASED AT OYERALL RATE OF 10%" OF THE COURT SINCE I ADDRESSED YOU' PREVIOUSLY. NEVERTHELESS,,' A;~ CQ['!lPARED TO A SUBSTANTIALLY LOWER PERCEf'lTAGE INCREASE DURING . PROJECTIOl~S FOR CALENDAR YEAR 1981' HJDICATE THAT FIll[~GS f1AY EACH OF THE PRECEDING THREE YEARS, -2- DATA INDICATED THE URGENT NEED FOR SEVERAL ADDITIONAL DISTRICT . FY 1979-1980 SAW ASEVEN PERCENT INCREAS[ IN COUNTY AND COUNTY JUDGES, WHILE THE CASE LOAD INCREASES APPEAR TO BE COURT ACTIVITY, . AGAINJ THE IV1AJOR Il~CREP,SE HAS IN THE CIVIL STATE-WIDEJ THE NEED FOR ADDITIONAL JUDICIAL MANPOWER APPEARS AREAJ WITH NEARLY 12% MORE THAr~ THE PRECEDING YEAR, TO BE MOST CRITICAL IN THE METROPOLITAN AREAS. FIGURES FRON THE FIRST FOUR f'1ONTHS OF THIS FISCAL DURING THE PAST FEW YEARS J WE HAVE TAKEN AN AGGRES YEAR INDICATE ANOTHER YEAR OF PHENor~ENAL GROWTH, IF THE SIVE STANCE IN MANAGING THE COURTS, IN ORDER TO MAINTAIN A CliRRENT FILIiW TREim CONTINUES} THE TRIAL COURTS ~1ILL REALIZE HIGH LEVEL OF PERFORMANCE IN THE MOST ECONOMICAL AND EFFICIENT A'10% INCREASE IN DISTRICT COURT ACTIVITY AND AfJ 8% INCREASE MANNER.~ IT IS BECOMING INCREASINGLY NECESSARY FOR MANY JUDGES Ii~ COUNTY COURT ACTIVITY, . AND COURT EMPLOYEES TO WORK HARDER AND PUT IN MANY OVERTIME HOURS, IT IS HOPED THAT THEIR PAY WILL AT LEAST STAY EVEN AS A RESULT OF THIS GROWTH PATTERN .. THE COURTS ARE WITH THE COST OF LIVING J THUS GIVING THEM THE NECESSARY IN FACII~G THE NEED FOR ADDITIONAL RESOURCES. FOR THE PAST THREE CENTIVE TO MAINTAIN A HIGH DEGREE OF ACCOMPLISHMENT, YEARS THE JUDICIAL DEPARTMENT HAS USED THE COST f10DEL AS BASIC v MANAGEf lENT AND BUDGET TOOL. THE HOD~L WAS DEVELOPED AS A WE REALIZE THAT IT IS INCUMBENT UPON THE JUDICIARY IN COST-RELATED NAf~AGE~lENT SYSTEMJ WITH THE ABILITY TO PROVIDE COOPERATION WITH THE LEGISLATIVE BRANCH TO SEEK ALTERNATE MEANS GREATER QUALITYJ AVAILABILITY AND UNIFORNITY OF COURT SERVICES, OF DISPOSING OF THE TREMENDOUS NuMBER OF CASES WHICH PRESENTLY THE PRIf'lARY OKIECTIVE IS TO GAUGE AND CONTROL THE COST OF CONFRONT US, IN THIS REGARD} SEVERAL OF OUR DISTRICT COURT COURT SERVICE, /, JUDGES IN THE METROPOLITAN AREA ARE CONDUCTING EXPERIMENTS IN CIVIL CASE MANAGEMENT} WHICH WE HQPE WILL SHORTEN THE TIME IT THE COST MODEL ANALYSIS OF COURT STAFFING NEEDS J TAKES CIVIL CASES TO PROCEED THROUGH THE SYSTEM, COUPLED WITH CASE FILING INCREASES J INDICATED THE NEED FOR AN ADDITIONAL 80 PEOPLE IN THE TRIAL COURT CLERKS' OFFICES EARLY INDICATIONS ARE THAT THESE METHODS OF CASE MAN AROUim THE STATE; AGEMENT BY THE JUDGE .